MPs grill Lamola and Batohi over lack of TRC prosecutions

The National Prosecuting Authority (NPA) has come under fire for its apparent failure to investigate and prosecute Truth and Reconciliation Commission (TRC) cases.

This after it failed to meet a December 2 deadline to provide an update to families of the so-called “Cradock Four”, who were abducted and murdered by security police in 1985. 

During a meeting of parliament's justice portfolio committee on Wednesday, justice and correctional services minister Ronald Lamola conceded these cases have dragged on because they were not prioritised, but assured MPs this would change under his tenure. 

“There is a new dedicated capacity on this matter. There are many reasons why these cases have not been given priority in the past, but now there is a focused effort. We must give this approach time to try to show results.”

However, MPs appeared unconvinced. They asked Lamola if he understood the plight of families seeking justice and finality on matters which had dragged on for decades.

“We understand their frustration and we are hopeful that the process [in future] will be helpful to the victims, families and to the entire community of SA at large, to bring finality and closure,” he said. 

MPs criticised the NPA’s handling of such cases after a presentation on a wide range of issues by National Director of Public Prosecutions (NDPP) Shamila Batohi.  

On TRC prosecutions, Batohi admitted it was unacceptable that no significant progress had been made, but committed to working with the families to ensure they reached finality. 

ANC MP Qubudile Richard Dyantyi said: “The justification you are making for a lack of progress is not persuasive or compelling ... can the NDPP come back to us with some timelines, not the general presentation she has made.

“The NDPP or NPA has certainly been caught with their pants down on this issue of TRC. No amount of justification is convincing about this lack of progress, it’s actually a shame.”   

Ganief Hendricks and Daniel Hendricks of Al-Jamah-ah accused the NPA of embracing “Stalingrad” tactics in handling the matters.  

Batohi defended the NPA for missing the December 2 deadline, saying communications had been sent to the families' legal representatives, but it later emerged this did not reach the families.

Batohi conceded it was unlikely that anyone would be charged for those crimes.  

Committee chairperson Gratitude Magwanishe said it was unfortunate the cases had gone on for so long without any prosecutions and many families were forced to take legal action to get answers.

Batohi dismissed speculation that NPA investigating directorate head Hermione Cronje resigned because of strained interpersonal relations.  

She assured MPs that a suitable candidate, possibly another qualified woman, would be found to take up the position.  

“The NPA will ... start the recruitment process to identify a new head of ID in close consultation with the minister. The process will be rigorous to ensure that it is the right person with the right skills who will deliver. There will be no leadership gap.”

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